W. Va. Code R. § 95-1-8 - Physical Plant

8.1. General. All new jail facilities shall be designed, constructed, maintained and operated in accordance with the rules promulgated by the State Fire Commission in State Fire Code 87CSR1. All existing jail facilities must comply with the provisions of State Fire Code 87CSR1.

8.2. Safety of occupants. Because the safety of all occupants in all detention and correctional facilities cannot be adequately assured solely by a dependence upon evacuation from the building, their protection from fire shall be provided by appropriate arrangement of facilities, an adequately trained staff, and careful development of operating, security, and maintenance procedures to include the following:

a. Proper design, construction and compart­mentalization;

b. Provisions for fire detection, alarms and extinguishment;

c. Fire prevention programs which include planning, training, and drills covering such protective activities as: Isolation of the fire; transfer of occupants to areas of refuge; and evacuation of the facility or measures for in-place protection of the occupants; and,

d. Security provisions to the degree necessary to provide for the safety of both the occupants of the facility and the general public.

8.3. State Fire Marshal review. Plans and specifications for all new jail facilities shall be submitted to the State Fire Marshal for review prior to the start of construction.

8.4. State Fire Marshal certificate. No facility shall be occupied until a certificate of occupancy is issued by the State Fire Marshal's office.

8.5. Activity areas. All activity areas shall have sufficient air circulation (at least ten (10) cubic feet of outside or filtered air per minute per occupant), lighting and sanitary facilities. These areas include multipurpose rooms, recreation areas for inmates, or work areas for staff. Temperatures shall be maintained appropriate to the summer and winter comfort zones with consideration for the activity performed.

8.6. Inmate booking and release area. The inmate booking and release area shall be located inside the security perimeter, but outside inmate living quarters, and have the following facilities:

a. Booking area;

b. Security vestibule or sally port;

c. Access to drinking water;

d. Shower facilities;

e. Secure storage for inmate's personal property;

f. Telephone facilities;

g. Private interview space(s);

h. Temporary holding rooms with sufficient fixed seating for all inmates at its rated capacity; and,

i. Operable toilets and wash basins.

8.7. Double Bunking of Inmates. Double bunking of inmates is permitted to the extent that the practice does not violate federal law or standards.

8.8. Floor space. All single rooms or cells in detention facilities shall have at least seventy (70) square feet of floor space.

8.9. Environment. All rooms or cells shall have access to the following facilities and/or conditions;

a. A toilet above floor level which is available for use without staff assistance twenty-four (24) hours a day;

b. A wash basin and drinking water;

c. Hot and cold running water;

d. A bed above floor level, a desk or writing surface, a clothes hook or closet space, and appropriate seating;

e. Lighting of at least twenty (20) foot candles at desk level and in the personal grooming areas. (In additions to existing jail facilities and in new jail facilities, the lighting shall be both inmate and centrally controlled);

f. Air circulation of at least ten (10) cubic feet of outside or recirculated air per minute per occupant;

g. Temperatures appropriate to the summer and winter comfort zones;

h. Noise levels not exceeding seventy (70) decibels in daytime and forty-five (45) decibels at night; and,

i. Natural lighting.

8.10. Multiple occupancy. Where used, multiple occupancy rooms shall house no more than fifty (50) inmates each. Inmates shall be screened prior to admission to determine their suitability to group living. Multiple occupancy rooms shall provide for the following:

a. Continuous observation by staff;

b. A minimum floor area of fifty (50) square feet per occupant in the sleeping area and a clear floor to ceiling height of not less than eight (8) feet;

c. Toilet and shower facilities with a minimum of one operable toilet and one shower for every eight (8) occupants;

d. One operable wash basin with hot and cold running water for every six (6) occupants;

e. Natural lighting;

f. Beds above floor level, a desk or writing surface, appropriate seating;

g. A locker for each occupant;

h. Lighting of at least twenty (20) foot candles at desk level and in the personal grooming area;

i. Air circulation of at least ten (10) cubic feet of outside or recirculated air per minute per occupant;

j. Temperatures appropriate to the summer and winter comfort zones; and,

k. Noise levels not exceeding seventy (70) decibels during daytime hours and forty-five (45) decibels during night hours.

8.11. Segregation rooms. Segregation rooms shall provide living conditions which approximate those of the general inmate population. Any exceptions shall be clearly documented. Segregation housing units shall provide for the following:

a. Single occupancy rooms or cells with a floor area of at least seventy (70) square feet;

b. A bed above floor level, a desk or writing space and appropriate seating;

c. Continuous access to toilet facilities above the floor level;

d. Hot and cold running water;

e. Natural light;

f. Lighting of at least twenty (20) foot candles at desk level and in the personal grooming area;

g. Air circulation of at least ten (10) feet of outside or recirculated, filtered air per minute per occupant;

h. Temperatures appropriate to the summer and winter comfort zones; and,

i. Noise levels not exceeding seventy (70) decibels during daytime hours and forty-five (45) decibels during night hours.

8.12. Communication. A room used for segregation shall permit inmates assigned to it to communicate with staff and have a door which permits observation by staff.

8.13. Continuous staff observation. When seriously ill, mentally disordered, injured or non-ambulatory inmates are held in the facility, there shall be at least one single-occupancy cell or room for them which provides for continuous staff observation.

8.14. Sleeping quarters. When both males and females are housed in the same facility, they shall be provided separate sleeping quarters which are separated visually and acoustically.

8.15. Perimeter security. The security perimeter shall be secured in a manner which provides that inmates remain within the perimeter and that access by the general public is denied without proper authorization.

8.16. Storage security. Space shall be provided for the secure storage of chemical agents, restraining devices and related security equipment and the equipment shall be located in an area which is readily accessible to authorized persons only.

8.17. Security Vestibules/Sally ports. There shall be security vestibules or sally ports between inmate areas and areas accessible to the public.

8.18. Day room. There shall be a separate day room or leisure time space for each cell block or detention room cluster, with space equivalent to a minimum of thirty-five (35) square feet per inmate.

8.19. Exercise areas. Space outside the cell or room shall be provided for inmate exercise. Indoor and outdoor exercise areas shall be secure and available to all inmates. Outdoor areas shall have adequate space and equipment to permit regular outdoor sports activities. For jail facilities with bed capacity of more than one hundred (100) inmates, this area shall be increased in proportion to the inmate population and shall provide adequate opportunity for exercise. Indoor exercise programs may be conducted in a multipurpose room or day room: Provided, that the space is available and the location is acceptable. Indoor space shall be an area in which lighting, temperature and ventilation is artificially controlled.

8.20. Kitchen. When the jail facility provides food service, the kitchen shall have a minimum of two hundred (200) square feet of floor space.

8.21. Employee space. Consistent with the size of the facility, space shall be provided for administra­tive, professional and clerical staff, including conference rooms, an employee lounge, a storage room for records, a public lobby and toilet facilities.

8.22. Multipurpose room. There shall be at least one multipurpose room available for inmate activities such as religious services, education programs, or visiting.

8.23. Janitor closet. A room or closet equip­ped with a sink shall be provided for the storage of cleaning supplies and equipment.

8.24. Storage space. Storage space shall be provided for clothing, bedding and facility supplies.

8.25. Storage of personal property. Space shall be provided for the secure storage of inmates' personal property.

8.26. Maintenance and repairs. There shall be a written plan for preventive maintenance of the physical plant with provisions for emergency repairs or replacement of equipment. This plan shall be reviewed annually and updated if needed.

8.27. Accessibility. A new jail facility shall be geographically accessible to criminal justice agencies, community agencies and inmates' lawyers, families and friends.

8.28. Layout. The jail facility shall be designed and constructed so that inmates can be separated according to existing laws and regulations, or according to the facility's classification.

8.29. Disabled inmates. Disabled inmates shall be housed in a manner which provides for their safety and security. Cells or housing units used by them shall be designed in accordance with the American National Standards Institute (ANSI) Standard A117, and provide the maximum possible integration with the general population. Appropriate institutional programs and activities shall be accessible to disabled inmates confined in the jail facility.

8.30. Disabled visitors. All parts of the facility which are accessible to the public shall be accessible to and usable by disabled persons.

Notes

W. Va. Code R. § 95-1-8